EB-2 NIW (5038)H-1B (4985)EB-1A (4549)L-1A (4206)EB-1C (2797)EB-3 (1963)L-1B (723)EB-2 (615)EB-1B (301)O-1A (286)O-1B (256)E-2 (26)O-2 (13)EB-2/3 (7)P-1 (4)unclear (3)I-360 (2)L-1 (1)L-1A (intracompany transferee, manager/executive) (1)
4206 total decisions
Page 14 of 43
dismissed
L-1A
Restaurant
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Capacity Executive Capacity
dismissed
L-1A
Construction Materials
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a primarily managerial or ex...
Employment Abroad In A Managerial Or Executive Capacity One Year Of Continuous Full-Time Employment Abroad
dismissed
L-1A
Maintenance And Repair Services
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Capacity Executive Capacity New Office Extension Requirements Staffing Levels Beneficiary'S Duties
dismissed
L-1A
Agriculture
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Capacity Executive Capacity Qualifying Organization New Office Extension Requirements
dismissed
L-1A
Retail
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Capacity Executive Capacity New Office Extension Staffing
dismissed
L-1A
Online Marketing
The appeal was dismissed because the petitioner failed to meet the one-year foreign employment requirement. Due to the beneficiary's continu...
One-Year Foreign Employment Foreign Employment In A Managerial/Executive Capacity U.S. Employment In A Managerial/Executive Capacity
dismissed
L-1A
Engineering
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Capacity Executive Capacity
dismissed
L-1A
General Merchandise Wholesale
The appeal was rejected on procedural grounds. The AAO does not exercise appellate jurisdiction over its own decisions, and therefore, the a...
Managerial Or Executive Capacity Appellate Jurisdiction Requirements For A Motion
dismissed
L-1A
Unknown
The appeal was dismissed because the petitioner's counsel formally requested its withdrawal. The decision was procedural and did not address...
dismissed
L-1A
Unknown
The appeal was dismissed because the petitioner's counsel formally requested to withdraw the appeal. The decision was based solely on this w...
dismissed
L-1A
Jewelry Retail
The appeal was dismissed because the petitioner failed to overcome the director's three grounds for denial. The AAO first rejected the petit...
Managerial Or Executive Capacity One Year Of Prior Employment Abroad Qualifying Relationship New Office Requirements
dismissed
L-1A
Residential Care
The director denied the petition because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial...
Managerial Or Executive Capacity Qualifying Relationship New Office Extension Requirements
dismissed
L-1A
Unknown
The appeal was dismissed because the petitioner's counsel requested that the appeal be withdrawn. The AAO dismissed the case based on this w...
dismissed
L-1A
Retail Sales
The director denied the L-1A extension petition because the petitioner failed to establish that the beneficiary would be employed in a prima...
Managerial Or Executive Capacity Doing Business For One Year Staffing Of The New Operation Qualifying Organizations
dismissed
L-1A
Unknown
The appeal was dismissed because the petitioner, through their counsel, formally requested to withdraw the appeal. The decision was not made...
dismissed
L-1A
Electronics
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Capacity Executive Capacity
dismissed
L-1A
Buttons And Accessories
The appeal was dismissed because the petitioner failed to establish that the new U.S. office would support a managerial or executive positio...
Managerial Capacity Executive Capacity New Office Requirements Ability To Support A Manager/Executive Within One Year Organizational Structure Staffing Levels
dismissed
L-1A
Restaurant
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Or Executive Capacity Doing Business For One Year Staffing Financial Status Of U.S. Operation
dismissed
L-1A
Restaurant
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the foreign employer. The director and th...
Qualifying Relationship Ownership And Control New Office Requirements Franchise Agreement
dismissed
L-1A
Restaurant
The appeal was dismissed because the petitioner failed to establish that the new U.S. office would support an executive or managerial positi...
New Office Requirements Managerial Capacity Executive Capacity Ability To Support Manager/Executive Within One Year
dismissed
L-1A
Investment
The appeal was dismissed because the AAO affirmed the director's decision to dismiss the petitioner's motion to reopen and reconsider. The m...
Qualifying Managerial Or Executive Capacity Qualifying Relationship Motion To Reopen Motion To Reconsider
dismissed
L-1A
Unknown
The appeal was dismissed because counsel for the petitioner requested that the appeal be withdrawn. No substantive issues of the case were d...
dismissed
L-1A
Automobile Services
The appeal was dismissed because the petitioner failed to overcome the director's findings. The director determined that the petitioner did ...
Managerial Capacity Executive Capacity New Office Requirements Ability To Support A Manager/Executive Within One Year Beneficiary'S Employment Abroad
dismissed
L-1A
Industrial Machinery Sales
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Capacity Executive Capacity New Office Extension Requirements
dismissed
L-1A
Art Sales
The appeal was dismissed based on a U.S. Consulate memorandum that found numerous "fraud indicators." A site visit to the foreign company's ...
Qualifying Organization Employment In An Executive Or Managerial Capacity New Office Requirements Fraud Or Willful Misrepresentation
dismissed
L-1A
Pet Services
The appeal was dismissed because the petitioner failed to establish two key points. First, it did not prove that the new U.S. office, a pet ...
Managerial Capacity (Abroad) Managerial Capacity (U.S.) New Office Requirements Ability To Support A Manager Within One Year
dismissed
L-1A
Electrical Components Manufacturing
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the foreign employer. The evidence submit...
Qualifying Relationship Employment Abroad In A Managerial Or Executive Capacity New Office Requirements Ability Of New Office To Support A Managerial/Executive Position Within One Year
dismissed
L-1A
Retail
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Capacity Executive Capacity
dismissed
L-1A
Unknown
The appeal concerned the denial of an application to change the beneficiary's status and extend her stay, not the L-1A petition which was ap...
Jurisdiction Appealability Of Extension Of Stay Denial
dismissed
L-1A
Automotive Parts
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Capacity Executive Capacity New Office Extension Requirements Staffing Levels
dismissed
L-1A
Import/Export Of Diesel Engines
The appeal was summarily dismissed because the petitioner failed to show that the beneficiary would be employed in a primarily managerial or...
Managerial Or Executive Capacity New Office Requirements Ability To Support The Position Sufficient Physical Premises Business Plan Organizational Structure Eligibility At Time Of Filing
dismissed
L-1A
Retail
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Capacity Executive Capacity Functional Manager
dismissed
L-1A
Retail Sales
The appeal was dismissed because the petitioner, a new office, failed to establish that the U.S. operation would support a primarily manager...
Managerial Or Executive Capacity New Office Requirements Organizational Structure Financial Ability Business Plan
dismissed
L-1A
Silicon Chip Design
The appeal was rejected because it was not timely filed within the 33-day period required after the decision was served by mail. The AAO not...
Timely Filing Of Appeal Motion To Reopen Motion To Reconsider Managerial Or Executive Capacity
dismissed
L-1A
Wholesale
The appeal was rejected because it was improperly filed, as the AAO does not have appellate jurisdiction over its own prior decisions. The a...
Managerial Or Executive Capacity
dismissed
L-1A
Unknown
The appeal was dismissed because the petitioner requested to withdraw the appeal. The decision was not based on the merits of the case.
dismissed
L-1A
Publishing And Multimedia
The appeal was dismissed as moot. The AAO found that the beneficiary had already adjusted status to a U.S. lawful permanent resident through...
Managerial Or Executive Capacity Mootness
dismissed
L-1A
Electronics Manufacturing
The appeal was summarily dismissed because the petitioner failed to establish a qualifying relationship with the beneficiary's foreign emplo...
Qualifying Relationship One Year Of Employment Abroad
dismissed
L-1A
Apparel Wholesale
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact f...
Failure To Identify Erroneous Conclusion Of Law Or Fact Burden Of Proof Submission Of Evidence Business Plan Sufficient Staffing
dismissed
L-1A
Wholesale Distribution
The appeal was rejected on procedural grounds, not on its merits. The AAO found that the individual who filed the appeal was not an attorney...
Employment Abroad In A Primarily Managerial Or Executive Capacity Ability To Support A Primarily Managerial Or Executive Position Within One Year Proper Filing Of Appeal By An Authorized Representative
dismissed
L-1A
Unknown
The appeal was dismissed because the petitioner's counsel formally requested that the appeal be withdrawn. The Administrative Appeals Office...
dismissed
L-1A
Cargo Business
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact f...
Managerial/Executive Capacity (Foreign Employment) Managerial/Executive Capacity (U.S. Employment) New Office Requirements
dismissed
L-1A
Publishing
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a qualifying managerial or exe...
Managerial Capacity Executive Capacity Qualifying Organization Doing Business Staffing Of New Operation
dismissed
L-1A
Unknown
The appeal was dismissed because the petitioner requested to withdraw it. The Administrative Appeals Office did not review the merits of the...
Withdrawal Of Appeal
dismissed
L-1A
Computer Sales
The motion to reopen was dismissed primarily on procedural grounds. It was filed 804 days late without a reasonable excuse, failed to includ...
Primarily Managerial Capacity Timeliness Of Motion To Reopen Requirement Of New Facts For Motion To Reopen Petitioner'S Valid Corporate Status
dismissed
L-1A
Agriculture
The appeal was rejected as untimely filed. The petitioner submitted the appeal form with an incorrect filing fee and without a signature, wh...
Timeliness Of Appeal Incorrect Filing Fee Unsigned Form Motion To Reopen/Reconsider Managerial Or Executive Capacity Qualifying Relationship
dismissed
L-1A
Computer Sales And Services
The motion to reopen was dismissed primarily for procedural reasons. The motion was filed 533 days late without a reasonable excuse, failed ...
Timeliness Of Motion Motion Filing Requirements Submission Of New Facts/Evidence Managerial Capacity Petitioner'S Corporate Status
dismissed
L-1A
Rug Business
The appeal was rejected because it was not filed by the petitioner, but by the beneficiary's attorney. According to regulations, the benefic...
Standing To Appeal Managerial Or Executive Capacity Properly Filed Appeal
dismissed
L-1A
Beauty And Surgical Instruments
The motion to reopen and reconsider was dismissed primarily on procedural grounds. The motion was filed untimely, 41 days after the AAO's de...
Timeliness Of Motion Motion To Reopen Requirements Motion To Reconsider Requirements Managerial Or Executive Capacity Qualifying Relationship
dismissed
L-1A
Unknown
The appeal was dismissed because the petitioner's counsel formally requested its withdrawal. The decision was not based on the merits of the...
dismissed
L-1A
Information Technology
The appeal was dismissed because the petitioner failed to establish that the beneficiary had been employed abroad, or would be employed in t...
Managerial Capacity Executive Capacity Employment Abroad
dismissed
L-1A
Cargo And Storage
The appeal was summarily dismissed because the petitioner and their counsel failed to submit a brief or additional evidence to challenge the...
Managerial Or Executive Capacity Qualifying Relationship Doing Business Staffing Levels
dismissed
L-1A
Materials Import/Export
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary would be employed in a primarily managerial or ex...
Managerial Capacity Executive Capacity Organizational Hierarchy Staffing Levels
dismissed
L-1A
Unknown
The appeal was dismissed because the petitioner's counsel formally requested to withdraw the appeal on August 13, 2008. The AAO processed th...
dismissed
L-1A
Real Estate
The appeal was rejected because it was filed after the 33-day deadline. The AAO also found that the untimely appeal did not meet the require...
Timely Filing Of Appeal Motion To Reopen Motion To Reconsider Sufficient Physical Premises For A New Office
dismissed
L-1A
Unknown
The appeal was rejected because it was filed after the deadline. The underlying decision was issued on January 9, 2008, but the appeal was n...
Timeliness Of Appeal Motion To Reopen Motion To Reconsider
remanded
L-1A
Financial Technology
The appeal was rejected as it was not timely filed, having been submitted 34 days after the decision was served. However, the AAO determined...
Qualifying Organization Managerial Or Executive Capacity
dismissed
L-1A
Construction Consulting
The appeal was summarily dismissed on procedural grounds. The petitioner's counsel failed to specifically identify any erroneous conclusion ...
Managerial Capacity Executive Capacity New Office Requirements
dismissed
L-1A
Unknown
The motion to reopen and reconsider was dismissed on procedural grounds. The petitioner failed to provide new facts for the motion to reopen...
Timely Filing Of Appeal Motion To Reopen Motion To Reconsider Ineffective Assistance Of Counsel
dismissed
L-1A
Confectionery
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the foreign employer. The evidence submit...
Qualifying Relationship Managerial Or Executive Capacity New Office Requirements
dismissed
L-1A
Food Processing
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad primarily in a managerial capac...
Managerial Capacity Executive Capacity Supervision Of Professional/Supervisory Employees Management Of An Essential Function
dismissed
L-1A
Securities Trading
The appeal was dismissed as moot. The AAO noted that the beneficiary was also the subject of a different, subsequently approved L-1A petitio...
Managerial Or Executive Capacity
dismissed
L-1A
Laser Technology
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad, and would be employed in the U...
Employment Abroad In A Primarily Managerial Or Executive Capacity Employment In The U.S. In A Primarily Managerial Or Executive Capacity New Office Extension Requirements
dismissed
L-1A
Construction
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Capacity Executive Capacity New Office Requirements
dismissed
L-1A
Software Consulting
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a qualifying managerial or exe...
Managerial Capacity Executive Capacity Qualifying Organization One Year Of Prior Employment Abroad
dismissed
L-1A
Organic Farming
The appeal was dismissed because the petitioner failed to establish that the new U.S. office would support a managerial or executive positio...
New Office Requirements Support For A Managerial/Executive Position Within One Year Beneficiary'S Prior Employment In A Managerial/Executive Capacity Managerial Capacity Executive Capacity
dismissed
L-1A
Electronics Distribution
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Capacity Executive Capacity New Office Extension Job Duties Staffing
dismissed
L-1A
Real Estate Development
The appeal was dismissed because the petitioner failed to prove the beneficiary would be employed in a primarily managerial or executive cap...
Managerial Capacity Executive Capacity New Office Extension
remanded
L-1A
Packaging Materials
The director's decision was withdrawn because the AAO determined that the petitioner and the foreign entity were qualifying 'affiliates,' as...
Qualifying Relationship (Affiliate Status) Beneficiary'S Employment Status
dismissed
L-1A
Retail Grocery
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Capacity Executive Capacity New Office Extension Requirements Staffing Levels Doing Business
dismissed
L-1A
Computer Software
The appeal was dismissed because the petitioner did not provide sufficient evidence to demonstrate that the new U.S. office would support an...
New Office Requirements Support Executive/Managerial Position Within One Year Sufficient Physical Premises
dismissed
L-1A
Unknown
The appeal was dismissed because the petitioner's counsel requested to withdraw the appeal. The AAO did not make a decision on the merits of...
Withdrawal Of Appeal
dismissed
L-1A
Hair Styling
The appeal was dismissed because the petitioner failed to establish three key requirements for the L-1A extension. The director determined, ...
Managerial Or Executive Capacity Qualifying Relationship Temporary Intent New Office Requirements
dismissed
L-1A
Operations And Marketing
The appeal was dismissed because the petitioner failed to establish that the beneficiary had the requisite one continuous year of employment...
One Year Continuous Employment Abroad Employment Within Three Years Preceding Petition Filing Submission Of Credible Evidence New Office Requirements
dismissed
L-1A
Retail
The director initially denied the petition by incorrectly applying the lenient 'new office' criteria and finding the petitioner failed to sh...
Managerial Or Executive Capacity New Office Requirements Qualifying Organization Doing Business
dismissed
L-1A
Tourism
The appeal was dismissed because the petitioner failed to establish that the new U.S. office would support an executive or managerial positi...
New Office Requirements Managerial Capacity Executive Capacity Support For A Managerial Or Executive Position Within One Year
dismissed
L-1A
Ship Management
The appeal was dismissed because the petitioner failed to establish that the new U.S. office would support an executive or managerial positi...
New Office Requirements Financial Ability To Support A Managerial Position Managerial Capacity Executive Capacity
dismissed
L-1A
Mining Equipment
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Capacity Executive Capacity
dismissed
L-1A
Business Development
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Capacity Executive Capacity
dismissed
L-1A
Industrial Wholesale
The appeal was dismissed because the petitioner failed to establish that the new U.S. office would support an executive or managerial positi...
New Office Requirements Support Of An Executive Or Managerial Position Within One Year Beneficiary'S Proposed Job Duties Proposed Organizational Structure And Staffing
dismissed
L-1A
Distribution And Training
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily executive or manag...
Executive Capacity Managerial Capacity New Office
dismissed
L-1A
Import/Export
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Capacity Executive Capacity New Office Extension
dismissed
L-1A
Garment Business
The appeal was dismissed because the petitioner failed to prove that the new U.S. office would support a managerial or executive position wi...
New Office Requirements Managerial Capacity Executive Capacity Ability To Support A Managerial/Executive Position Within One Year
dismissed
L-1A
Retail
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Or Executive Capacity New Office Extension Requirements Doing Business For One Year Staffing Qualifying Organization One-Year Limit For New Office
dismissed
L-1A
Retail
The appeal was dismissed because the petitioner did not establish that the beneficiary would be employed in the United States in a primarily...
Employment In A Primarily Managerial Capacity Employment In A Primarily Executive Capacity Organizational Structure Staffing Levels
dismissed
L-1A
Garment Industry
The appeal was dismissed because the petitioner failed to establish that the new U.S. office would support an executive or managerial positi...
New Office Requirements Managerial Capacity Executive Capacity Support For Managerial Position Within One Year
dismissed
L-1A
Apparel
The appeal was dismissed because the petitioner failed to establish that it was a 'new office' as defined by regulations. The AAO concluded ...
Managerial Or Executive Capacity New Office Doing Business
dismissed
L-1A
Retail
The appeal was dismissed primarily because the petitioner abandoned the petition by failing to respond to a Request for Evidence. Beyond the...
Qualifying Relationship (Ownership And Control) Managerial Or Executive Capacity Abandonment (Failure To Respond To Rfe)
dismissed
L-1A
Hurricane Shutter Manufacturing
The director denied the petition, concluding that the petitioner did not establish that the beneficiary would be employed by the new U.S. of...
Managerial Capacity Executive Capacity New Office Requirements Ability Of The U.S. Operation To Support A Manager/Executive
dismissed
L-1A
Unknown
The appeal was dismissed procedurally because the petitioner's counsel requested that the appeal be withdrawn. The decision was not based on...
dismissed
L-1A
Jewelry
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Capacity Executive Capacity Qualifying Organization
dismissed
L-1A
Not Specified
The appeal was dismissed because the petitioner's counsel requested that the appeal be withdrawn. The decision was not based on the merits o...
Withdrawal Of Appeal
dismissed
L-1A
Motion Picture
The director denied the petition, and the AAO dismissed the appeal, because the petitioner failed to establish that the beneficiary was empl...
Managerial Capacity Executive Capacity New Office Requirements
dismissed
L-1A
Electronics Manufacturing
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary would be employed in a primarily managerial or ex...
Managerial Capacity Executive Capacity New Office Extension
dismissed
L-1A
Retail
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Capacity Executive Capacity Employment Abroad Qualifying Organization
dismissed
L-1A
Construction Equipment Leasing
The appeal was dismissed because the petitioner failed to prove it had secured sufficient physical premises for its new U.S. office, as requ...
New Office Requirements Sufficient Physical Premises Ability To Support A Managerial/Executive Position
dismissed
L-1A
Hotel Management
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. company and the foreign entit...
Qualifying Relationship Affiliate Subsidiary Parent Ownership And Control
dismissed
L-1A
Management And Consulting
The appeal was dismissed because the petitioner did not establish that the new U.S. entity would support a primarily managerial or executive...
Managerial Capacity Executive Capacity New Office Requirements Ability To Support Manager/Executive Within One Year
dismissed
L-1A
Textiles
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary would be employed in a primarily managerial or ex...
Managerial Capacity Executive Capacity New Office Requirements Staffing
dismissed
L-1A
Restaurant Business
The appeal was dismissed because the petitioner failed to establish eligibility at the time of filing. The petitioner did not secure suffici...
Sufficient Physical Premises For A New Office Beneficiary'S Employment Abroad In A Primarily Executive Or Managerial Capacity Ability Of The New U.S. Office To Support An Executive Or Managerial Position Within One Year
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